eBay Pictures Site: Terms of Use

1.1 Introduction. Welcome to http://Pictures.eBay.co.uk (the "Pictures Site"). By completing the registration process for the Pictures Site, you agree to accept these Terms of Use, all rules and policies related to the Pictures Site (collectively, the "Terms of Use"). If you use the Pictures Site, you will be bound by the Terms of Use. If you reside in the U.K. or another country that is a member of the E.U., by using the Pictures Site, you are agreeing to the following terms with eBay Europe S.à r.l., 22-24 Boulevard Royal, L-2449 Luxembourg. If you reside within the United States, you are contracting with eBay Inc. In all other countries, your contract is with eBay International AG. If you use another pictures site, you agree to the Terms of Use applicable to that site.

1.3 Modification. If we change the Terms of Use, we shall post a revised version of the Terms of Use here, which shall automatically replace the Terms of Use. Your continued use of the Pictures Site following eBay’s posting of revised Terms of Use will constitute your acceptance of the revised Terms of Use. If you do not agree with the Terms of Use or any revised version of the Terms of Use, do not continue to use the Pictures Site or any of the services offered through the Pictures Site. The Terms of Use may not be otherwise amended except in writing hand signed by you and us. For purposes of this provision, "in writing" does not include an email message and signature does not include an electronic signature.

2.1 Submitting pictures for eBay's consideration. The Pictures Site is a website service that allows registered users (a "Picture Seller") to sell electronic images and all rights therein (the "Pictures") to eBay in response to its posted offer to purchase. From time to time, eBay will publish and update, on the Pictures Site, list(s) of products of those goods and services (each a "Product") for which it wishes to purchase image rights from registered Picture Sellers. In response, the Picture Sellers will be able to upload images for eBay’s purchase consideration. Certain Products may have submission deadlines.

2.2 Evaluation of Pictures. Images submitted to eBay for purchase consideration are not an immediate sale to eBay. Instead, eBay reserves the right to evaluate the submitted pictures and choose, from amongst the various pictures, those images which best meet eBay’s product needs and any associated publishing criteria. Please keep in mind that multiple Picture Sellers may submit images that appear similar to yours. eBay will only purchase those images and Pictures which it selects and for which it remits payment as further described in Section 4.

2.3 Use of PayPal. Please note that payments for selected pictures are normally made through the use of PayPal, as further described in Section 4.4 below. Accordingly, you will need to maintain a valid PayPal account when using the Pictures Site and the prices paid by eBay for selected Pictures may be converted into your country’s currency in accordance with your PayPal settings. PayPal may impose currency conversion and other service fees to your receipt of payments made hereunder and you agree that you will not be entitled to charge eBay any additional amounts for such PayPal fees.

3.1 Requirements. To be a registered user of this Pictures Site, you must agree to accept the Terms of Use, and you must have valid eBay and PayPal accounts. You may only use the Pictures Site if you are able to form legally binding contracts, are over the age of 18, and are not temporarily or indefinitely suspended from the eBay or PayPal websites. If you do not qualify, please do not use or try to use the Pictures Site. If you are under the age of 18, you may only use the Pictures Site in conjunction with and under the supervision of your parents or guardians.

3.2 Registration. We will not accept any Pictures submission before you have registered with us. To register, you must acknowledge acceptance of the Terms of Use, provide your legal and current name, address, phone number, an active email address, and a valid PayPal account.

3.3 Email Address and Password.You will need your eBay user ID and password to access and use the Pictures Site. You are solely responsible for maintaining the security of your eBay user ID and password and for all activity that occurs under your eBay user ID and password. You should not disclose your password to any other person.

4.1 Purchase Price. For each Product, eBay will list the price to be paid for those Pictures that it selects for purchase. Where a Product has not received any Picture submittals at the stated price, then eBay reserves the right to modify the price it is willing to pay for Pictures by re-posting a revised price on the Pictures Site. Unless otherwise specified in the Pictures Site, all prices are in GB pounds sterling.

4.2 Evaluation and Selection by eBay. All Pictures will be submitted to eBay for preliminary review and selection. EBAY MAY ELECT TO ACCEPT AND/OR REJECT ANY PICTURE(S) IN ITS SOLE DISCRETION, including without limitation, where a Pictures(s) do not materially conform to the Products requested or the submission specifications included on the Pictures Site. You will not receive any compensation or payment for submitting any Picture(s) that is/are not selected by eBay for purchase. eBay is under no obligation to purchase any minimum number of Pictures.

4.3 Reports.If eBay accepts your Picture, eBay will provide notice to you via the administrative section of the Pictures Site which shall include a list of your Pictures that have been selected for purchase and the final purchase price applicable thereto. The information contained in the administrative section will serve as the definitive records for use in determining all amounts due under these Terms of Use. If requested by eBay, you agree to submit the selected Pictures to eBay in digital, publication-ready form, as reasonably requested by eBay. eBay may require (at no additional cost or expense to eBay) that you retouch, crop and/or otherwise modify the selected Pictures prior to delivery to eBay, or eBay may undertake such activity itself and/or through a third party. You will use best efforts to cooperate with all such requirements.

4.4 Payment terms. eBay’s preferred method of payment is through the use of PayPal. eBay will remit payment for those Pictures it has selected for purchase within forty five (45) days following its election to purchase. You agree that and the prices paid by eBay for selected Pictures may be converted into your country’s currency in accordance with your PayPal settings. PayPal may impose currency conversion and other service fees to your receipt of payments made here under and you agree that you will not be entitled to charge eBay any additional amounts for such PayPal fees. You further agree that you are responsible for 1) maintaining your eBay and PayPal accounts in good standing in order to receive payments for Pictures, 2) paying any currency conversion and other service fees imposed by PayPal, and 3) compliance with the PayPal terms and conditions. In certain circumstances eBay may elect alternate payment methods (i.e. by check or wire transfer) and will notify you via email in the event such election is made. Payment terms may only be modified as set forth in Section 1.3.

4.5 Taxes. All amounts payable here under are exclusive of any applicable transportation charges, or any sales, use, value-added, withholding, goods and services, and other taxes and duties. You will pay or reimburse all taxes and duties assessed in connection with this agreement by any authority within or outside of England.

6.1 License. Upon payment of the purchase price for selected Pictures, you hereby grant eBay a perpetual, non-exclusive, worldwide license to (a) use, reproduce, distribute, transmit, publicly perform and publicly display the selected Pictures, in whole or in part, in any manner and media, (b) modify, adapt, translate and create derivative works from the Pictures, in whole or in part, in any manner and media, and (c) sublicense the foregoing rights, in whole or in part, to any third party, with or without a fee.

6.2 Attribution; display of eBay user ID. eBay may, but will have no obligation to, use your eBay user ID, name, likeness, actual or paraphrased statements to identify you as the creator of a Picture or user of the Pictures Site. You acknowledge and agree that eBay will have no obligation to publish or otherwise use any Picture in any way. You also hereby waive any right to inspect and/or approve any use by eBay or its designees of any Picture purchased by eBay under the Terms of Use.

6.3 Artist's Rights. If you are assigning rights pursuant to Section 6 and you have any rights, including without limitation "artist's rights" or "moral rights," in the Pictures that cannot be assigned, you hereby agree to unconditionally and irrevocably waive enforcement worldwide of such rights against eBay, its affiliates, assigns and licensees and all claims and causes of action of any kind against eBay, its affiliates, assigns or licensees with respect to such rights, and do agree, at eBay's expense and request, to consent to and join in any action to enforce such rights. In the event that you retain any such rights that cannot be assigned or waived, you hereby unconditionally and irrevocably grant to eBay an exclusive, attribution-free, assignable, worldwide, irrevocable, fully paid and royalty-free perpetual license to use, reproduce, distribute, sublicense (through multiple tiers), create derivative works of, publicly perform and publicly display the Pictures in any medium or format, whether now known or later developed, whether online or offline.

7.1 Your Warranties to eBay. You represent and warrant that each Picture and image, in whole and in part, submitted to eBay is and will be: (a) the your original creation and work of authorship alone; (b) not previously published and/or provided to any third party for publication; and (c) free from defamatory, obscene, offensive, injurious, unlawful and/or otherwise inappropriate material. Additionally, you represent and warrant that: (d) the use of each image and Picture does not and will not violate or infringe any third party right, including without limitation any copyright, moral right, trademark, right of privacy or publicity, other intellectual property and/or contract right, (e) you have the right to enter into the Terms of Use, effect the sale of Pictures to eBay contemplated in this agreement, and to grant the rights and assume the obligations set forth in the Terms of Use, and that the same will not violate the rights of any third party, and (f) with respect to the Pictures selected by eBay for purchase, you have not made and will not make any disposition of any ownership, copyright or other interest in any Picture, in whole or in part, that would interfere with the sale, rights granted and your obligations under the Terms of Use, and with the full ownership and enjoyment thereof by eBay and/or its designees.

7.2 Indemnity. In addition to your indemnification obligations in the eBay User Agreement, you agree to indemnify and hold harmless eBay and its directors, officers, employees, parents, subsidiaries, affiliates, successors, partners, licensees, agents, independent contractors, assigns and designees from and against all claims, actions, liabilities, damages, costs and expenses (including without limitation reasonable attorneys fees) of any kind arising out of (a) your breach of any representation, warranty and/or other provision in the Terms of Use; (b) eBay's use of any and all purchased Pictures; (c) your submission of images for eBay’s purchase consideration; (d) your use of, purchase, resale and disposition of the products, goods and services that are the subject of the images submitted to eBay or Pictures selected for purchase by eBay; and/or (e) all taxes and duties assessed in connection with this agreement by any authority within or outside of England.

8.1 No Warranty. eBay provides the Pictures Site and services on an "as is" basis and "as available" basis without any warranties of any kind. eBay makes no warranty with respect to its Pictures Site, any images submitted to eBay for its purchase consideration, nor with respect to any purchased Pictures, and eBay expressly disclaims all such warranties, whether express, statutory or implied, including without limitation any warranties of merchantability, title, non-infringement of third party rights or fitness for a particular purpose. This warranty disclaimer affects your legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. Some jurisdictions do not allow exclusions of implied warranties or limitations on how long an implied warranty lasts, so the above exclusion may not apply to you.

8.2 Waiver of Consequential Damages; Liability Limit. eBay expressly disclaims any responsibility for any lost profits or special, consequential, incidental, or exemplary damages (including without limitation indirect and special damages) that may result from the Pictures Site, or the suspension, termination or malfunction of the services or the site. eBay’s liability to you or anyone else in any circumstance is limited to £100. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions or limitations may not apply to you. Nothing in this Agreement shall limit or exclude eBay's liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees.

9.1 Applicability of eBay User Agreement. The terms of the eBay User Agreement, and the eBay Privacy Policy are part of and are hereby incorporated into these Terms of Use, including without limitation, the sections entitled "Liability", "Release", "Resolution of Disputes", and "General". In the event of a conflict between any terms contained herein and the eBay User Agreement, the terms in the eBay User Agreement will govern.